So, for those of you marginally interested in legal fun, today Merck filed a lawsuit challenging the IRA's drug price negotiation program as a violation of the Takings Clause and the First Amendment. The Takings claim is tough, but plausible, given that the failure to agree to participate, or to the price the government dictates subjects you to an excess tax of 1600% per day on sales of ALL products (which, interestingly, the CBO predicted would raise precisely zero revenue). The 1A claim is kind of laughable, but as i read it, I think it was added to underscore that the participation in the negotiation kabuki is in fact involuntary.
Counsel for Merck is the guy who brought you WV v EPA, so no dummy. No judge assigned yet here in DC; I'd die laughing if the wheel of fortune picked Royce Lamberth.
Counsel for Merck is the guy who brought you WV v EPA, so no dummy. No judge assigned yet here in DC; I'd die laughing if the wheel of fortune picked Royce Lamberth.
